Felony disenfranchisement in the United States

On November 6, 2018, Florida voters approved Amendment 4, an amendment to the state constitution to automatically restore voting rights to convicted felons who have served their sentences.[32] Lifetime bans still apply for those convicted of either murder or sexual offenses.[32] In July 2019, Republicans in Florida's state legislature enacted Senate bill 7066, which stipulates that felons must pay all outstanding fines, fees, and restitutions before they are deemed to have “served their sentence” and thus regain their right to vote.[33] On February 19, 2020, a three-judge panel of the 11th circuit federal appeals court ruled that it was unconstitutional to force Florida felons to first pay off their financial obligations before registering to vote. However, on September 11, 2020 the United States Court of Appeals for the Eleventh Circuit overturned the lower court ruling that all fines do not have to be paid off before felons can be re-enfranchised. The appeals court ruling had the effect of again disenfranchising around 774,000 people, about a month before the 2020 U.S. presidential elections.[33] In late September 2020, former New York City mayor Michael Bloomberg put together a fund of over $16 million to be used towards helping convicted felons vote in Florida by paying their outstanding fines and fees. Bloomberg's fund as well as the $5 million raised by the Florida Rights Restoration Coalition paid off the outstanding fines of around 32,000 felons.[34]

In Nevada in 2019, the legislature introduced AB 431 which was passed and signed into law, taking effect on July 1, 2019 which restored the right to vote for felons who were no longer serving a prison sentence in the state of Nevada.[35]

Iowa’s constitution provides for permanent felony disenfranchisement. However, in July 2005, Iowa’s Democratic Governor Tom Vilsack issued an executive order restoring voting rights of all persons who had completed supervision,[24] which was upheld by Iowa's Supreme Court on October 31, 2005. However, on his inauguration day, January 14, 2011, Republican Governor Terry Branstad reversed Vilsack's executive order, again disenfranchising thousands of people.[36] As of January 2020, Iowa was the only state to impose a lifetime felony voting ban, regardless of the crime committed.[37] On August 5, 2020, Iowa Republican Governor Kim Reynolds signed an executive order restoring voting rights to about 24,000 people who had completed their sentences, except those convicted of murder.[38] Reynolds also urged Iowa lawmakers to amend Iowa’s constitution to end permanent felony disenfranchisement.[38]

The Virginia legislature in 2017 debated relaxation of the state's policy that restoration of voting rights requires an individual act by the governor.[39]

In December 2019, Kentucky's newly elected Democratic governor, Andy Beshear, signed an executive order to restore voting rights and the right to hold public office to more than 140,000 residents who have completed sentences for nonviolent felonies.[40][37]

The Campaign Legal Center (CLC), as part of its national "Restore Your Vote Campaign," is actively engaged in restoring voting rights to disenfranchised felons in the state of Tennessee, and filed a lawsuit (Falls v. Goins) on behalf of two citizens of Tennessee against the state.[41]

As part of discussions in the Tennessee General Assembly in 2019-2020 about a bill aimed at reforming Tennessee's restoration process, a joint policy brief compiled by libertarian political advocacy group Americans for Prosperity, the Tennessee public policy think tank Think Tennessee, and Nashville-based reintegration organization Project Return, was submitted to the Constitutional Protections & Sentencing Subcommittee, but failed to pass. The brief discusses numerous benefits of voting rights restoration for felons, including saving tax money and reducing recidivism, as well as potential enfranchisement strategies.[42]

Most recently, on August 20, 2020, Tennessee Governor Bill Lee signed H.B. 8005 and S.B. 8005, increasing the penalty for camping on unapproved state property from a misdemeanor to a Class E felony, punishable by up to six years in prison and automatic loss of voting rights, as per Tennessee law.[43][44]This move was a result of a two-month-long protest against institutional racism and police brutality that involved a round-the-clock encampment on capitol grounds.[45]

Nine other states disenfranchise felons for various lengths of time following their conviction. Except for Maine and Vermont, every state prohibits felons from voting while in prison.[24]

Maine[46] and Vermont[47] have unrestricted voting rights for people who are felons. Both states allow the person to vote during incarceration, via absentee ballot and via in-person voting after completion of sentence. The District of Columbia voted to enfranchise incarcerated persons for the 2020 United States presidential election, but lacks a permanent law to allow incarcerated D.C. residents to vote. Puerto Rico has permitted prisoners to vote absentee since 1980.

In 18 states and the District of Columbia, disenfranchisement ends after incarceration is complete: California,[48] Colorado,[49] District of Columbia,[50] Hawaii,[51] Illinois,[52] Indiana,[53] Maryland,[54] Massachusetts,[55] Michigan,[56] Montana,[57] Nevada,[35] New Hampshire,[58] New Jersey,[59] North Dakota,[60] Ohio,[61] Oregon,[62] Pennsylvania,[63] Rhode Island,[64] and Utah.[65]

In February 2016 the Maryland General Assembly restored the right to vote for more than 40,000 released felons, overriding a veto by Governor Larry Hogan. Maryland's Senate approved the bill on a 29–18 vote, while the state House of Delegates voted 85–56 in favor of it on January 20. Convicted felons under parole or probation had their right to vote restored. The law went into effect in late March, one month before the state's April 26 primaries.[54]

New Jersey Governor Phil Murphy has also signed a new law restoring voting rights to anyone under parole or probation starting on March 17, 2020, just in time for the 2020 Primary elections which were held in July.[59]

Voters in California approved 2020 California Proposition 17 on November 3, 2020, which amended a Sections 2 and 4 of Article II of the California Constitution which provides that:

SEC. 2. (a) A United States citizen 18 years of age and resident in this State may vote.

(b) An elector disqualified from voting while serving a state or federal prison term, as described in Section 4, shall have their right to vote restored upon the completion of their prison term.

SEC. 4. The Legislature shall prohibit improper practices that affect elections and shall provide for the disqualification of electors while mentally incompetent or serving a state or federal prison term for the conviction of a felony.

In two states, disenfranchisement ends after incarceration and parole (if any) is complete: Connecticut[66] and New York.[67]

Eighteen states require not only that incarceration/parole if any be complete but also that any probation sentence (which is often an alternative to incarceration) be complete: Alaska,[68] Arkansas,[69] Georgia,[70] Idaho,[71] Iowa[38] Kansas,[72] Louisiana,[73] Minnesota,[74] Missouri,[75] New Mexico,[76] North Carolina,[77] Oklahoma,[78] South Carolina,[79] South Dakota,[80] Texas,[81] Washington,[82] West Virginia (the prosecutor can request the court to revoke voting rights if financial obligations are unmet), and Wisconsin.[83]

Eight states have laws that relate disenfranchisement to the detail of the crime. These laws restore voting rights to some offenders on the completion of incarceration, parole, and probation. Other offenders must make an individual petition that could be denied.

• Alabama – A person convicted of a felony loses the ability to vote if the felony involves moral turpitude. Prior to 2017, the state Attorney General and courts have decided this for individual crimes; however, in 2017, moral turpitude was defined by House Bill 282 of 2017, signed into law by Kay Ivey on May 24, to constitute 47 specific offenses.[84] If a convicted person loses the ability to vote based on having committed a defined act of moral turpitude, he can petition to have it restored by a pardon or by a certificate of eligibility; if the loss of elective franchise was based on a crime not under moral turpitude, eligibility to vote is automatically restored once all sentence conditions have been satisfied.[85][86][87][88] Prior to 2017, a person convicted of a number of crimes having to do with sexual assault or abuse, including sodomy, was ineligible to receive a certificate of eligibility; today, only impeachment and treason remain ineligible for a certificate of eligibility.[89]
• Arizona – Rights are restored to first-time felony offenders. Others must petition.[90][91]
• Delaware – The following crimes require a pardon: murder or manslaughter (except vehicular homicide), an offense against public administration involving bribery or improper influence or abuse of office anywhere in the US, or a felony sexual offense (anywhere in the USA). All other convicted felons regain the right to vote after completion of the full sentence.[92][93]
• Florida – A convicted person permanently loses suffrage if their crime was murder or any sexual offense.[32][37] In January 2019, the lifetime voting ban was lifted for those convicted of lesser crimes upon completion of sentence, including prison, parole, and probation.[37] A law in June 2019 provides that a sentence is not completed until all fines, fees and restitution have been paid.
• Mississippi – A convicted person loses suffrage for numerous crimes identified in the state constitution, Section 241 (see note). The list is given below. Suffrage can be restored to an individual by a two-thirds vote of both houses of the legislature. The crimes that disqualify a person from voting are given in Section 241 of the state constitution as: murder, rape, bribery, theft, arson, obtaining money or goods under false pretense, perjury, forgery, embezzlement or bigamy.[94]
• Nebraska – A convicted person permanently loses suffrage if they are convicted of treason; voting rights for all other offenders are restored two years after completion of incarceration, parole, or probation.[95]
• Tennessee – A person who is convicted of certain felonies may not regain voting rights except through pardon. These include: murder, rape, treason, and voting fraud. For a person convicted of a lesser felony, disenfranchisement ends after terms of incarceration, completion of parole, and completion of probation. In addition, the person must pay "Any court order restitution paid; current in the payment of any child support obligations; and/or Any court ordered court costs paid". The ex-offender must either obtain a court order restoring their right to vote or complete the certificate of restoration of voting rights.[96]
• Wyoming – Since July 1, 2017, non-violent felons have had their suffrage restored upon completion of their sentence including parole and probation. Non-violent felons who completed their sentence before January 1, 2010 or those convicted out of state must submit a written request to the department of corrections who will determine if their sentence was completed before restoring their voting rights.[97][98]

Two states require felons to petition to the court for restoration of voting after all offenses.

• Kentucky – Although, in December 2019, Kentucky's Democratic governor signed an executive order restoring the vote and the right to hold public office to more than 140,000 residents who have completed sentences for nonviolent felonies, the governor stated his order did not extend to those who committed violent felonies because some offenses, such as rape and murder, were too heinous to forgive. This executive order excludes those convicted under federal law or the laws of other states, although such individuals would be able to apply individually for restoration of their rights.[37]
• Virginia – Only the governor can reinstate civil rights. In 2016, Governor Terry McAuliffe restored rights to "individuals who have been convicted of a felony and are no longer incarcerated or under active supervision ... In addition to confirming completion of incarceration and supervised release, the Secretary of the Commonwealth of Virginia considers factors such as active warrants, pre-trial hold, and other concerns that may be flagged by law enforcement. ... The Governor will review SOC's analysis of each individual's record and will make the final decision on proposed candidates for restoration of rights."[99]

According to a 2002 study in the American Sociological Review, multiple Senate races and even presidential elections would likely have had different outcomes if felons had not been disenfranchised.[102]

A 2013 study found that felony disenfranchisement contributes to adverse health outcomes: lack of ability to influence health policy through the electoral process reduces distribution of resources to that group, and contributes to allostatic load, by way of complicating the reintegration process.[103]

A 2012 study argues that felony disenfranchisement "further isolates and segregates ex-felons re-entering into society by denying them the ability to participate in the political process."[104]